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Tag: EPA

December 13, 2018

President Trump tells EPA to drain the swamp; EPA says “not so much”

PLF client John Duarte joined the crew on Fox and Friends this morning to talk about being prosecuted by the Justice Department and the Department of the Army under the Clean Water Act, merely for plowing his company's farm: The five-year ordeal culminated in Duarte Nursery settling with the government for $1.1 million to avoid ...

October 27, 2018

Weekly litigation update — October 27, 2018

This road to the Supreme Court takes PLF through the U-P This week Pacific Legal Foundation filed its latest Petition for Writ of Certiorari at the Supreme Court of the United States challenging federal agency overreach in Marquette County Road Commission v. EPA. We're taking on the EPA’s 2012 decision to veto a road project ...

May 10, 2018

PLF urges EPA to abandon the “conduit” theory

Today, PLF filed comments in response to an EPA request on whether the agency should abandon its support of the so-called “conduit” theory of Clean Water Act liability. The conduit theory has been used recently by a number of federal appellate and district courts to extend Clean Water Act liability to discharges of pollutants that ...

February 15, 2018

EPA ignores PLF advice on Congressional Review Act and WOTUS

Last year, following President Trump’s executive order directing EPA to rewrite its disastrous 2015 regulation which magically redefined millions of acres of dry land across the nation as federally protected navigable waterways, PLF offered EPA some advice, not only on how to rewrite the rule to make it conform to the limits of the Clean ...

September 02, 2017

Weekly litigation report — September 2, 2017

This week's topics: Can the executive branch be the judicial branch? When is "just compensation" unjust? Meet the new boss, same as the old boss? ...

August 31, 2017

Does President Trump know that his Administration is blocking an important Michigan road project?

On behalf of its client the Marquette County Road Commission, PLF filed its Reply Brief in Marquette County Road Commission v. EPA. ...

August 30, 2017

Adverse decision in Alaska wetlands case

This morning, the Ninth Circuit upheld the Army Corps of Engineers' Clean Water Act jurisdiction over the Fairbanks, Alaska, property of our client, Universal Welding. The case, Universal Welding & Fabrication Co. v. United States Army Corps of Engineers, addressed a rarely invoked exception to the agency's Clean Water Act jurisdiction over wetlan ...

June 27, 2017

WOTUS rule withdrawal only a good start

Pacific Legal Foundation applauds the Trump administration's announcement of its withdrawal of the infamous WOTUS rule. But it's only a start. More must be done. The WOTUS rule called for a dramatic, unprecedented and unconstitutional expansion of the federal government's authority to regulate all manner of land use, no matter how remote and tenuou ...

June 10, 2017

Weekly litigation report — June 10, 2017

Letter sent to school board in Florida on First Amendment violation Brief filed over EPA’s road ban Butter ban ruling sought California union-inspired anti-free speech rule appealed Free enterprise loses in Oregon Golden parakeet feathers to fly! Caribou decision years behind schedule Victory for Wildlife Sanctuary's Due Process Rights Letter ...

June 09, 2017

The EPA tries to evade judicial review. Again.

Earlier this week, Pacific Legal Foundation filed its principal brief on behalf of the Marquette County (Michigan) Road Commission in the Sixth Circuit Court of Appeals in Cincinnati. In this appeal, we represent the Road Commission as it takes on the federal government and its Environmental Protection Agency. The Road Commission intends to build ...

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